Lehigh County magisterial district judge cites teen for wearing low pants in court

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By Pamela Lehman

poconorecord.com

By Pamela Lehman

Posted Jun. 9, 2014 at 2:31 PM
Updated Jun 9, 2014 at 2:42 PM

By Pamela Lehman

Posted Jun. 9, 2014 at 2:31 PM
Updated Jun 9, 2014 at 2:42 PM

» Social News

On the front door of District Judge Wayne Maura's courtroom hangs a cartoon drawing showing the backsides of three people all wearing low pants with their underwear exposed. It says, "Pull your pants up!"

A second sign says, "No exposed undergarments or excessive exposure of any private body areas. You will not be permitted in court or waited on if you appear in this condition!"

So, when 18-year-old Adam Dennis sat in court May 7 as Maura held a preliminary hearing, the droopy-drawers-wearing teen caught the judge's eye.

Maura warned Dennis to pull his pants up and Dennis obliged, leaving the courtroom to cinch up before returning, according to his attorney, Lehigh County Chief Public Defender Kimberly Makoul.

Makoul said that later in the proceeding, Maura left the bench to check on Dennis' low pants, which had apparently fallen below his waist again. Maura charged Dennis with contempt.

"This young man was not being loud or disrespectful in court," Makoul said. "The only disruption came when the court made him come forward; the court made him spin around and the court then left the bench."

Makoul, who recounted the May 7 proceeding in Lehigh County Central Court for her client after advising him against talking to a reporter, was to appear before the judge Monday for what she believes will be Dennis' sentencing for the contempt citation.

Setting standards

Magisterial district judges are permitted to charge people with contempt if their misbehavior obstructs the administration of justice. But Makoul argues that Maura, not Dennis, disrupted the court by leaving the bench.

Maura, who has sported a ponytail at times since being elected, declined to comment on the case because it is ongoing.

Judges routinely set the standards for their courtrooms, and some judges across the country have cracked down on what they deem as inappropriate clothing for the courtroom by banning flip-flops or T-shirts with offensive messages. Critics say it's not up to a judge to act as the fashion police.

Makoul said that during the May 7 incident, while Dennis was sitting in the courtroom, Maura asked a sheriff's deputy to bring Dennis to stand before him.

Maura asked the deputy to turn Dennis around and noted he could see something white sticking out of the waistband of Dennis' pants, Makoul said. He told Dennis to "basically leave the courtroom and come back in when his pants were pulled up," Makoul said.

The white object sticking out of the top of Dennis' pants wasn't his underwear, but a pair of white gym shorts he was wearing that day, Makoul said. She said she believed Dennis' pants were appropriate for court.

Makoul later represented Dennis during a May 27 hearing on the contempt charge before Maura. After that hearing, Makoul submitted case law and Maura said he would review it before issuing his decision on the contempt citation.

Makoul said that while she has seen some judges address what someone is wearing to court, she has never seen a judge issue a contempt charge for it.

She said if Maura believed Dennis was not appropriately dressed for court, Maura could have told him -- after first noticing his low pants -- not to return to the courtroom.

An attorney with the Pennsylvania American Civil Liberties Union said she was concerned to hear that someone faces criminal charges for a wardrobe choice.

"Courtrooms are open and any member of the public can go in and you can't be disorderly or disruptive," said Mary Catherine Roper, senior staff attorney with the Pennsylvania ACLU. "But it's really contrary to the idea of an open courtroom to tell you what you can wear and what your fashion choices can be while in the courtroom."

Roper said a contempt charge is supposed to be for someone disrupting the order and the business of the courtroom -- someone who refuses a subpoena or refuses to testify.

"[A contempt charge] is not to enforce the judge's fashion preference," Roper said. "This doesn't seem to be a good reason to give someone a criminal record for saggy pants."

'Kind of a gray area'

While there are no specific guidelines on dress codes, district judges may use their discretion to exclude people from their courtroom based on clothing choice, said Art Heinz, spokesman for the Administrative Office of Pennsylvania Courts.

Heinz noted court rules that state district judges "shall maintain order and decorum in the proceedings before them," according to the standards of conduct for magisterial district judges in the Pennsylvania Rules of Court.

If a district judge believes that a person's attire detracts from the "good order" of the court environment, they may impose those rules, Heinz said.

Lehigh County President Judge Carol McGinley declined to comment on Dennis' pending case, but said in the past 28 years she's served on the bench, she's seen a "dramatic decline" in the way people dress in the courtroom.

McGinley said she's never used her contempt power based on how someone is dressed, but has occasionally asked someone to change clothing before returning to court.

"Dress is important and the judge shows respect to the litigants by being appropriately dressed in a robe," McGinley said. "Being properly dressed is a matter of showing respect to the institution of justice."

McGinley said she understands that not everyone has a "Sunday dress" wardrobe, but "being neat and clean is not a First Amendment issue."

Lehigh County District Court Administrator William Berndt said judges get latitude in deciding what's allowed in their courtrooms.

"It's kind of a gray area to define exactly what decorum is," Berndt said. "That definition is left to experience and knowledge of the [magisterial district judge] to decide what exactly that is."

Northampton County President Judge Stephen Baratta said while the county requires a dress code for employees, there is no such standard for those who appear before the judge. He said that while some judges have asked those before them to put on a sweater or a coat, he's heard of no one who has charged someone with contempt.

"I have more important things to do than to take a look and decide if someone's skirt is 6 inches above the knee or some guy's pants are too baggy," Baratta said. "If we delay justice because someone is not invested in looking appropriately, that's going to be a waste of my time."

Baratta said that years ago, a Northampton County judge delayed a trial when an attorney appeared before him in a suit and dress shoes, but without socks.

The judge told the attorney to head to a store in downtown Easton to buy a pair of socks. At the time of the 1991 incident, Stroudsburg attorney Robert Rosenblum, who was known for his sockless look, said Judge Robert E. Simpson Jr.'s requirement was only the second time he'd been so ordered.

"He wasn't held in contempt, and the hearing was delayed until he could get his socks on," Baratta said.

Both Lehigh and Northampton counties note dress guidelines for court visitors on their websites. In Lehigh County, the website notes that "Proper attire is required. You should dress the way you would for a job interview," and states that jeans, shorts and T-shirts are not suitable.

Northampton County's website states that "a good rule of thumb is to avoid extremes," and also bans shorts or "other inappropriate attire."

"We rely upon your good judgment to dress appropriately and in a dignified manner."